contract law: an introduction douglas wilhelm harder, m.math. lel department of electrical and...
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Contract Law: An Introduction
Douglas Wilhelm Harder, M.Math. LELDepartment of Electrical and Computer Engineering
University of Waterloo
Waterloo, Ontario, Canada
ece.uwaterloo.ca
© 2013 by Douglas Wilhelm Harder. Some rights reserved.
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Outline
An introduction to the engineering profession, including:– Standards and safety– Law: Charter of Rights and Freedoms, contracts, torts, negligent
malpractice, forms of carrying on business– Intellectual property (patents, trade marks, copyrights and
industrial designs)– Professional practice
• Professional Engineers Act• Professional misconduct and sexual harassment
– Alternative dispute resolution– Labour Relations and Employment Law– Environmental Law
Contract Law: An Introduction
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Agreements
What is an agreement?
Agreement, nAn arrangement made between two or more parties and agreed by mutual consent. Also: a document or instrument embodying this; the phraseology used in it.
Reference: Oxford English Dictionary (www.oed.com)
Contract Law: An Introduction
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Agreements
When is an agreement legally binding?– That is, when can you take a legal person to court and sue them
for not upholding their part of an agreement?
Contract Law: An Introduction
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Contracts
Contract, nA mutual agreement between two or more parties that something shall be done or forborne by one or both; a compact, covenant, bargain; especially such as has legal effects; a convention between states.
A business agreement for the supply of certain articles or the performance of specified work at a certain price, rate, or commission.
An agreement enforceable by law.
Reference: Oxford English Dictionary (www.oed.com)
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Contracts
Consequently, a contract is a legally enforceable agreement– How do you differentiate between an agreement that is legally
enforceable and one that is not?
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Contracts
“I’ll give you $999 for that Z10.”
“Hey, kid, I’ll buy your trike off you for $3.”
“I’ll give you my vinyl record collection for free.”
“Here’s $50, now give me your iPod.”
“– How do you differentiate between an agreement that is legally
enforceable and one that is not?
Contract Law: An Introduction
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Contracts
“I’ll give you $999 for that Z10.”
“Here you go...”
Contract Law: An Introduction
Enrique Dans
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Contracts
“Hey, kid, I’ll buy your new skateboard for a whole $3 so you can go buy some candy.”
Contract Law: An Introduction
Bengt Nyman
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Contracts
“Sure, I’ll sell you my seven-year old Toyota for another bottle of scotch...”
Contract Law: An Introduction
Tastethebacon
http://www.decaturspirits.comJan Van der Veken
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Contracts
“Here’s $50, give me that 160 GB iPod now: I paid you.”
Contract Law: An Introduction
Kyro
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Contracts
“Here’s $50, give me that iPod Touch.”
“Yah, right...”
“Okay, here you go! Now give me the iPod...”
Contract Law: An Introduction
Domaina
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Contracts
“Okay, sure... I’ll give you my entire vinyl record collection for free. I really don’t want it.”
Contract Law: An Introduction
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Contracts
“My dealer’s crack was wacked. It’s sugar but he’s keeping my $40! Make him give me my crack!”
Contract Law: An Introduction
http://www.thesmokinggun.com/buster/woman-complains-about-crack-dealer-765412
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Contract Law
A significant component of contract law is based in common-law precedence– Over the years, judges had to decide when an agreement was
legally enforceable
– The word contract is derived from Latin:
tractare to handle, manage, perform
contrahere to draw together, assemble
Contract Law: An Introduction
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Contract Law
Over time, the following elements were deemed essential for any agreement to be legally enforceable– That is, for an agreement to form a contract
– An offer is made and accepted– There is mutual intent to enter into the contract– Consideration– Capacity to contract– Lawful purpose
Contract Law: An Introduction
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Contract Law
Any agreement having all five elements is legally enforceable– This is, regardless of how unfair the agreement is
Any agreement missing even one element will not be legally enforceable—the courts will not intervene to rectify an injury
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Contract Law
The terms in a contract include any benefits and obligations usually arrived at through negotiation and then agreement
The courts will be willing to step in if a party to a contract does not fulfill its obligations under the terms– Courts will not, however, alter the terms of a contract in favour of
more fair or just terms than those that were decided upon– The courts may, however, declare a contract void, voidable, or
unenforceable
Contract Law: An Introduction
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Contract Law
Consequently, if you, as an engineer, negotiate a bad deal for yourself, you are legally required to fulfill your obligations under the contract
On the other hand, once a contract has been entered into, the parties to the contract—through mutual agreement—may, up to a point, alter the terms– Any changes must fall within the scope of the original contract– A contract to build a house can have the design changed or
even include a shed– A contract to design an apartment cannot be modified to include
a design for a house for one of the owners
Contract Law: An Introduction
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Contract Law
The benefits of a contract can be assigned unilaterally by one party to another independent party– The contract must contain a term forbidding this if one of the
parties does not wish such an assignment of rights
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Contract Law
When a party does not fulfill one of its obligations under the contract, that party is said to have breached a term of the contract
The party that is to benefit from a breached term in a contract is said to be the injured party– The injured party can approach a judge to remedy the injury
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References
[1] D.L. Marston, Law for Professional Engineers, 4th Ed., McGraw Hill, 2008.
[2] Julie Vale, ECE 290 Course Notes, 2011.
[3] Wikipedia, http://www.wikipedia.org/
These course slides are provided for the ECE 290 class. The material in it reflects Douglas Harder’s best judgment in light of the information available to him at the time of preparation. Any reliance on these course slides by any party for any other purpose are the responsibility of such parties. Douglas W. Harder accepts no responsibility for damages, if any, suffered by any party as a result of decisions made or actions based on these course slides for any other purpose than that for which it was intended.
Contract Law: An Introduction